HomeMy WebLinkAbout2009-08-05; Planning Commission; Resolution 66201 PLANNING COMMISSION RESOLUTION NO. 6620
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE
4 DEMOLITION OF AN EXISTING SINGLE-FAMILY HOME,
, AND FOR THE SUBDIVISION AND GRADING OF A
2.9-ACRE SITE INTO EIGHT LOTS (5 RESIDENTIAL AND 3
6 OPEN SPACE LOTS) ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF POINSETTIA LANE AT
7 THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE
WITHIN THE MELLO II SEGMENT OF THE LOCAL
8 COASTAL PROGRAM AND LOCAL FACILITIES
9 MANAGEMENT ZONE 20.
CASE NAME: TABATA RANCH
10 CASE NO.: CDP 06-22
11 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified
12 application with the City of Carlsbad regarding property described as:
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Parcel 1A:
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That portion of the east 264.14 feet of the west % of the
northeast % of the northeast % of Section 28, Township 12
south, Range 4 west, San Bernardino Base and Meridian, in
the County of San Diego, State of California, according to
17 official plat thereof, lying northerly of the north line of the
south 15 acres of said west 1A;
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Excepting from the above east 264.14 feet of said land, the
south 184.47 feet thereof;
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Also excepting the east 28.00 feet and the north 30.00 feet
21 thereof;
22 Parcel IB:
23 The northerly 30.00 feet of the easterly 264.14 feet of the west
24 l/2 of the northeast % of the northeast % of Section 28,
Township 12 south, Range 4 west, San Bernardino Base and
25 Meridian, in the County of San Diego, State of California,
according to United States Government Survey, together with
that portion of the easterly 28.00 feet of said west *A lying
27 northerly of the northerly line of the southerly 15.00 acres of
said west %;
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Excepting from said easterly 28.00 feet, the northerly 30.00 feet
and southerly 184.47 feet thereof;
1 Parcel 2:
2
The southerly 184.47 feet of that portion of the easterly 264.14
3 feet of the westerly Yz of the northeast % of the northeast % of
the Section 28, Township 12 south, Range 4 west, San
Bernardino Meridian, in the County of San Diego, State of
- California, according to the official plat thereof, lying
northerly of the northerly line of the southerly 15 acres of said
6 west Vi\
Excepting therefrom;
That portion of Section 28, Township 12 south, Range 4 west,
o San Bernardino Meridian, in the City of Carlsbad, County of
San Diego, California, described as follows:
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Commencing at the northeast corner of said section; thence
11 south 00° 34' 18" west 111.22 feet along the east line of said
12 section, thence south 72° 47' 00" west 389.27 feet to the
beginning of a tangent curve concave southeasterly, having a
13 radius of 1651.00 feet; thence southwesterly along said curve
339.30 feet through a central angle of 11° 46' 30" to a point of
14 the easterly line of the land conveyed to Marvin and Margaret
Penelope Porter by deed recorded September 3, 1986 as
Document No. 86-385614 of official records, being the south
184.47 feet of the east 264.14 feet of the north 5 acres of the
west Yi of the northeast % of the northeast % of said section, a
17 radial line of said curve to said point bears north 28° 59' 30"
west; said point also being the point of beginning of this
18 description; thence continuing southwesterly along said curve
53.61 feet through central angle of 01° 51' 37" to a point on the
northerly line of the south 15.00 acres of the west Y^ of said
20 northeast '/4 of the northeast %; thence south 89° 03' 23" east
along said northerly line of 46.21 feet to said easterly line of the
21 land herein described; thence north 00° 32' 47" east along said
easterly line 27.50 feet to the point of beginning of this
22 description;
23 Parcel 3:
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Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of
25 Carlsbad, County of San Diego, State of California, according
to map thereof No. 14773, filed in the Office of the County
Recorder of San Diego County, April 29, 2004, and Certificate
27 of Correction recorded September 14, 2006 as Instrument No.
2006-0655516 of official records.
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("the Property"); and
PC RESO NO. 6620 -2-
WHEREAS, said verified application constitutes a request for a Coastal
2 Development Permit as shown on Exhibits "A" - "I" dated August 5, 2009, on file in the
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Planning Department, TABATA RANCH - CDP 06-22, as provided by Chapter 21.201.040 of
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- the Carlsbad Municipal Code; and
6 WHEREAS, the Planning Commission did, on August 5, 2009, hold a duly
7 noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
9 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
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12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
13 Commission of the City of Carlsbad as follows:
14 A) That the foregoing recitations are true and correct.
'^ B) That based on the evidence presented at the public hearing, the Commission
! 6 APPROVES TABATA RANCH - CDP 06-22, based on the following findings
and subject to the following conditions:
17 Findings:
18 1. That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program and all applicable policies in that no agricultural uses
1" currently exist on the site, nor is the project site identified as a Map X Designated
~~ Coastal Agricultural Land; the site is geologically stable and does not contain any
natural slopes greater than 25% gradient or any "dual criteria" slopes; the project
21 has been designed to reduce the amount of runoff off-site through the use of Low
Impact Development (LID) design features and has been conditioned to comply with
22 erosion and storm water control measures; the project does not preclude any
recreational opportunities or shoreline access as the property is not a shorefront
property; and the development does not obstruct views of the coastline as seen from
24 public lands or public rights-of-way.
25 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is located approximately 1.3 miles from the
26 Batiquitos Lagoon and the Pacific Ocean, and therefore, no coastal access area or
water-oriented recreational activities exist on or near the site.
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3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
PC RESO NO. 6620 -3-
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
2 erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
3 floods, or liquefaction.
4 4. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
g Mitigation Monitoring and Reporting Program and Addendum for
TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-
7 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this
project and any comments thereon prior to RECOMMENDING APPROVAL of
° the project; and
9 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
10 Program and Addendum have been prepared in accordance with requirements
of the California Environmental Quality Act, the State Guidelines and the
11 Environmental Protection Procedures of the City of Carlsbad; and
*2 c. it reflects the independent judgment of the Planning Commission of the City of
j 0 Carlsbad; and
14 d. based on the El A and comments thereon, there is no substantial evidence the
project will have a significant effect on the environment.
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5. The Planning Commission has reviewed each of the exactions imposed on the Developer
1" contained in this resolution, and hereby finds, in this case, that the exactions are imposed
, j to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
20 grading permit or recordation of a final map, whichever occurs first.
21 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
22 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
23 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
25 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
26 or a successor in interest by the City's approval of this Coastal Development Permit.
27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
PC RESO NO. 6620 -4-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
, Section 66020. If any such condition is determined to be invalid, this approval shall be
invalid unless the City Council determines that the project without the condition complies
6 with all requirements of law.
7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Coastal Development
10 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
11 (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Coastal
17 Development Permit by Resolution No. 6620 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
18 project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or terminates
2Q said notice upon a showing of good cause by the Developer or successor in interest.
21 7. The applicant shall apply for and be issued grading permits for this project within three
(3) years of approval or this coastal development permit will expire unless extended per
22 Section 21.201.210 of the Zoning Ordinance.
23 8. This approval is granted subject to the approval of the Mitigated Negative Declaration
24 and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05,
ZC 06-04, SP 203(C), LCPA 06-03, CT 06-15, and HDP 06-05 and is subject to all
25 conditions contained in Planning Commission Resolutions No. 6614, 6615, 6616, 6617,
6618, 6619, and 6621 for those other approvals incorporated herein by reference.26
9. Developer shall implement, or cause the implementation of, the TAB ATA RANCH -
GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05
28 Project Mitigation Monitoring and Reporting Program.
PC RESO NO. 6620 -5-
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 5, 2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
ABSENT: Commissioner Baker
ABSTAIN
MARTELL B. MONTGOMERY, <taairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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DO'NNEt/ '
Planning Director
PC RESO NO. 6620 -6-